ch8- The Sentencing Process

Comparative Criminal Justice 5th Edition Chapter 8: After Conviction: The Sentencing Process Adrianna Hughes University of Scranton Learning Objectives: Chapter 8 Discuss the purposes of the five different criminal sanctions that are used to rationalize punishment Identify the different forms of criminal sanctions that are predominant around the world today Explore the reasons for the extreme nature of criminal punishments in Islamic countries Describe the major weaknesses in international prison data available in the world today Explain the general trend in the use of the death penalty on the international level Comparative Criminal Justice Systems 5th Edition Purposes of Criminal Sanctions Comparative Criminal Justice Systems 5th Edition Retribution- the offender should pay back society for the harm he or she has done Rehabilitation- the offender should be transformed in to a law abiding person through programs of medical, psychological, economic, or educational improvement. Deterrence- The offender, or other possible offenders, through various methods, such as certainty of punishment, should come to the conclusion that crime is not worth the risk of the resulting punishment. Incapacitation- the offender, usually through prison or exile, should be denied the opportunity to commit further crimes. Restoration- the community, victim, and offender are involved in the sentencing process with the aim of restoring the victim and the community to its previous state. Purposes of Criminal Sanctions Restorative Justice- revitalized paradigm that calls for participation by the offender, victim, and community in the sentencing process and allows the offender to atone for the offense and be restored to community life Offender must understand the harm caused by the offense, take responsibility, and repair the harm done Roots- Judeo Christian religious thought Laogai- thought reform through labor Used in China- inmates are required to work at prison farms and factories to support the economic system Comparative Criminal Justice Systems 5th Edition Comparative Criminal Justice Systems 5th Edition Read through the following article that discusses restorative justice What are the origins of restorative justice? Do you think this crime is fitting for a restorative justice case? Do you think that restorative justice should be used more or less? http://www.nytimes.com/2013/01/06/magazine/can-forgiveness-play-a-role-in-criminal-justice.html?pagewanted=4&_r=5 Current Event Sentencing Practices Comparative Criminal Justice Systems 5th Edition Some of the most common forms of punishments used in the world today 1.Corporal punishment- any sentence in which a person’s body is subjected to physical pain, such as flogging, mutilation, electric shock, or branding. 2. Life imprisonment- any sentence in which a person is deprived of liberty in an institution of any kind for the duration of his or her natural life. 3. Deprivation of liberty- a variety of forms of detention, including combined or split sentences, jail and any period of incarceration short of life imprisonment. 4. Control in freedom- includes probation, electronic monitoring, any conditional sentence with supervision requirements, and other forms of controlled liberty that have special requirements. 5. Warnings- also called admonitions; suspended sentences, conditional sentences and dismissals, formal and informal warnings with findings of guilt, and conditional discharges. 6. Fines- all sentences that involve paying a sum of money Sentencing Practices Four Basic Categories Corporal Punishment Noncustodial sanctions Monetary sanctions Community supervision Imprisonment Death penalty Comparative Criminal Justice Systems 5th Edition Sentencing Practices Corporal Punishment Ex’s – flogging, branding, dunking and maiming Countries with great economic disparity are likely to use corporal punishments Overall gradual disuse of corporal punishments except in Islamic countries Ex: those found guilty of adultery can be stoned to death However, standards of proof are high so that not many are carried out Comparative Criminal Justice Systems 5th Edition Sentencing Practices Non- Custodial Sanctions Alternatives to incarceration legal sanctions handed out to offenders that do not require time served in a correctional facility. The calls for such alternatives became intense in the latter part of the nineteenth century, when European criminologists voiced widespread disillusionment with the practice of increased imprisonment. Types Monetary payments 1. Fines- penalty imposed on a convicted offender by a court or, in some countries, by another arm of the criminal justice system, requiring, that he or she pay a specified sum of money. Comparative Criminal Justice Systems 5th Edition Sentencing Practices Comparative Criminal Justice Systems 5th Edition 2. Day fine- created in response to the idea that fines exact a heavier toll on the poor than on the rich. Day fines are based on the amount of money an offender earns in a day’s work. Day fines take into account the differing economic circumstances of offenders who have committed the same crime. 3. Confiscation and Forfeiture- the governmental seizure of property derived from or used in criminal activity. Under criminal law, forfeiture is imposed as a consequence of conviction and requires that the offender relinquish various assets related to the crime. 4. Restitution and Community Service- when an offender is required or volunteers to participate in community service or to pay money to make reparation for harm resulting from a criminal offense, then restitution is being made. In community service, the offender is asked to personally “pay back” the community by performing a set number of hours of unpaid work for a non-profit agency Sentencing Practices Community Supervision 1. Probation- given in lieu of imprisonment, the offender is given the chance to remain within the community and demonstrate a willingness to abide by its laws- May also require other obligations such as treatment programs or restitution. 2. House arrest- offenders are sentenced to terms of incarceration, but they serve those terms in their own homes. 3 levels- curfew, allowed to leave home for certain hours for work, school, sessions, religious reasons, etc., person must be home at all times except for special conditions or appointments. Comparative Criminal Justice Systems 5th Edition Sentencing Practices 3.Electronic Monitoring-One of the largest growing approaches to noncustodial supervision. Aims to expand the capacity of surveillance in the community. EM is ordinarily combined with house arrest and is used to enforce restrictions. Has also been used in other ways: Intensive supervision programs, gang supervision, pretrial detainees, and narcotic surveillance. 4.Exile- rarely used today except in some indigenous cultures in remote areas of the world. 5.Warnings- provided at the adjudication stage by the judge and usually are accompanied by the threat of incarceration if criminal behavior does not stop. In the United States, warning are used extensively in the juvenile justice system. Comparative Criminal Justice Systems 5th Edition Sentencing Practices Imprisonment Severest punishment inflicted in most societies today Also most problematic- little more than short term incapacitation is achieved Used universally- but applied differently in each country Prisons- used almost exclusively for serious offenders who receive sentences of more than one year Jails- facilities that house less serious offenders who are generally sentenced to less than one year or who are waiting for a trial or transfer. Remand Prison- facility used to house unconvinced inmates in countries that separates inmates Comparative Criminal Justice Systems 5th Edition International Prison Data Sources World Prison Population list Contains number of prisoners in 218 independent countries and territories Reflects the differences in the levels of imprisonment across the world and provides the information necessary to estimate the world prison population World Prison Brief Prepared at the International Centre for Prison Studies Provides a list of individual prison population rates for 222 countries rated from highest to lowest as of May 2012 Comparative Criminal Justice Systems 5th Edition International Prison Data Comparative Criminal Justice Systems 5th Edition Stock design- compare rates of imprisonment between countries at one period of time Flow design- studies the number of prison admissions over time- allows us to separate the tendency to incarcerate and the length of time served International Prison Data Women and Incarceration The second World Female Imprisonment List, published by Roy Walmsley, revealed that as of 2012 more than 625,000 women and girls are in prison around the world the female prison population has grown 16% since 2006. The rise in imprisonment for females is believed to be directly related to the international fight against drugs. Over 31,000 women across Europe and Central Asia are imprisoned for drug offenses-representing 28 percent of all women in prisons in these regions. International Prison Data Minorities and Incarceration In the United States 60% of its prison population is Black or Hispanic. This is a problem because Blacks and Hispanics make up only 13 and 16 % of the U.S. population respectively. England and Wales, France, and Germany also have experienced an increase in minority incarceration in recent years. Other countries also have a high percentage of foreigners who are incarcerated. The reason for such high numbers is controversial and undetermined. Some say it is because of societal racism, some say certain communities commit more crime, and others say people go to prison because of a combination of social and economic factors. Comparative Criminal Justice Systems 5th Edition International Prison Data Prisons and Politics Politics has played a major role in the punishments trends in many regions of the globe One trend has been to increase the use of punishment for certain crimes and to increase the lengths of punishments for criminal offenders Although overall crime rates and crime seriousness may have had some role to play in the development of harsher sentencing – it is also clear that conscious policy decisions made by public officials are the major reason for increased punishments Penal populism- term given to criminal justice policies that are designed to appeal to the public appetite for punitiveness with little concern for program effectiveness or the clear understanding of community views Comparative Criminal Justice Systems 5th Edition Limits of International Prison Data Comparative Criminal Justice Systems 5th Edition Underreporting or failure to report by many countries Non-standardization of definitions Incarceration figures to not account for sentence length Ways to improve international data The use of stock and flow designs to measure the number of prison admissions overtime Incarceration rate should be determined by dividing the number of persons sentenced to prison by the number convicted during that same year We should compare the prison population to the number of prosecutions in the country We should also take into account changes in criminal procedure Death Penalty Comparative Criminal Justice Systems 5th Edition Been a sentencing option since the beginning of civilization Trend- worldwide abolition of the death penalty Abolition is an important issue for the international bodies. International treaties to abolish the death penalty have been created However, abolition has not been accepted as customary international law Death Penalty Comparative Criminal Justice Systems 5th Edition Certain standards regarding the death penalty have become customary international law Capital punishment may be imposed only for the most serious crimes Capital punishment may not be applied retroactively Capital punishment may not be imposed on juvenile offenders under 18 years old when they committed their crime Capital punishment many not be imposed on mentally incompetent or insane person Capital punishment may not be imposed on pregnant women or new mothers Death Penalty Comparative Criminal Justice Systems 5th Edition U.S. has received some pressure from the international community to reconsider its stance on the death penalty. Includes being formally accused of human rights violations or having limits placed on trade and international business operations. Also, of concern is the impact that continued support for the death penalty would have on the fight against transnational crime, including terrorism. Europeans countries have begun to refuse to extradite criminals who have escaped to their countries as long as penalty of death is a possibility in the United States. Death Penalty Comparative Criminal Justice Systems 5th Edition United States move toward abolition may also be spurred by recent news of offenders who have had their convictions overturned or sentences commuted because of inequities in the system or legal mistakes found in the investigation or trial. Between 2000 and 2011 there was an average of five such exonerations per year. It appears the American public’s attitude toward the death penalty has begun to change. The Gallup poll shows that 61 % supported the DP, which is down from 80% in 1994. Comparative Criminal Justice Systems 5th Edition Current Event Go to the following website that is dedicated to information on the death penalty. Discuss what the current view on the death penalty is in America. What is the current standing of the death penalty as a punishment? Is it still legal in America? What are some reasons for abolishing it? http://www.deathpenaltyinfo.org/public-opinion-2012-gallup-poll-shows-support-death-penalty-remains-near-40-year-low Comparative Criminal Justice Systems 5th Edition Current Event Visit the following website and familiarize your self with the Universal Declaration of Human Rights What are some of the universal human rights? What are some things that can be done to help defend and promote them? http://www.amnestyusa.org/research/human-rights-basics/universal-declaration-of-human-rights